Subagreement
1. The parties to this Subagreement are the United States and John Q. Hammons Hotels Two, L.P.(the "Owner").
2. Listed in the Specific Remedies Section below are architectural barriers to access (Non-compliant Features), within the meaning of Title III of the Americans with Disabilities Act ("ADA"), which were alleged in a complaint filed with the United States concerning the Holiday Inn, Tucson, Arizona, 4550 South Paulo Verde Boulevard, Tucson, Arizona 85714 (the "Hotel"), or which were identified during the United States' investigation of the complaint. The list is not exhaustive, and may not include every Non-compliant feature at the Hotel.
3. Following the Non-compliant Features in the Specific Remedies Section below are listed the modifications that will be undertaken at the Hotel. In addition to any specific references below, all modifications undertaken will comply with all relevant provisions of the ADA Standards for Accessible Design ("Standards"), 28 C.F.R. pt. 36, Appendix A.
3. All citations and references are to the Department of Justice Regulation for Title III of the ADA, 28 C.F.R. pt. 36, or the Standards. Citations following Non-compliant Features are not necessarily exhaustive; other provisions may apply.
5. Staff Training: The Owner will ensure that all Hotel employees are trained regarding all ADA issues relevant to the Hotel, including, but not limited to, use of auxiliary aids (e.g. telecommunication devices for the deaf (TDD's), closed caption decoders) and their distribution to guests, guest rooms and other features which are accessible to people with mobility impairments, and the maintenance of accessible routes. All employees, including housekeeping and maintenance personnel, will be trained in these issues no less than semi-annually, and all new employees will be trained in these issues when they begin employment.
6. Guest Rooms Designated as Accessible to Persons with Mobility Impairments -- Dispersal & Features
a) Non-compliant Features: The hotel has an insufficient number of guest rooms designated as accessible to persons with disabilities, and none fully complies with the Standards. The designated accessible guest rooms are not dispersed among the various classes of sleeping accommodations the hotel offers. Standards §§9.1.2, 9.1.3, 9.1.4.
b) Modifications: The Owner will modify 7 additional rooms to comply with all relevant provisions of the Standards, including, but not limited to, §§9.1.2, 9.2 and 9.3, and 28 C.F.R. 303(d), (c), within 1 year of the effective date of this Subagreement. In accordance with Standards §9.1.4, the Owner will ensure that at least 3 of these rooms have king beds and at least 3 have 2 double beds. In addition to these 7 designated accessible guestrooms, the Owner will modify 7 rooms to be accessible to persons with hearing impairments, in accordance with Standards §9.1.3 and 28 C.F.R. § 36.303(d), by purchasing visual alarms, notification devices and TDD's for these 7 rooms within 1 year of the effective date of this Subagreement. The Owner has installed televisions with closed captioning in every guest room in accordance with 28 C.F.R. § 36.303(e). The rooms accessible to persons with hearing impairments shall be dispersed among the various classes of accommodations the Hotel offers. In addition, the Owner shall ensure that the Hotel maintains 1 TDD at the front desk so that Hotel staff can communicate with guests who use TDD's in accordance with 28 C.F.R. pt. 36, Appendix B, at 609. The Owner will ensure that 17 rooms, including the 10 which are to be designated as accessible to persons with mobility impairments, have telephones with volume controls, in compliance with 4.31.5, and an accessible electrical outlet within 4 feet of a telephone connection as required by 9.3.1.
7. Bathrooms in Guest Rooms Designated as Accessible to Persons with Mobility Impairments
a) Non-compliant Features: The bathrooms within the designated accessible guest rooms fail to comply with the Standards in the following ways: doors swing into the clear floor space of the lavatory; unobstructed maneuvering space is not adequately provided; toilets are not properly located; grab bars are too short and are mounted in the wrong locations; clear floor space at the lavatory is inadequate; a sharp object under the lavatory is not protected against contact; the lavatory pipes are not insulated or otherwise configured to protect against contact; the shower controls are in the wrong location; clothes rods are mounted too high; and the dispensers are mounted too high. Standards §§ 9.2, 4.2.3, 4.16.1, 4.16.2, 4.16.4, 4.19.1, 4.19.3, 4.19.4, 4.21.5 & Figure 37, 4.23.1, 4.23.2, 4.23.3, 4.23.4, 4.23.6, 4.23.7, 4.25.1, 4.25.3, 4.27.1.
b) Modifications: The Owner has removed the sharp object from under the lavatory and insulated the pipes under the lavatory. The Owner shall modify the features of the bathrooms in the designated accessible guest rooms listed above in paragraph 7(a) to comply with all relevant provisions of the Standards including, but not limited to, the provisions listed above in paragraph 7(a), within 1 year of the effective date of this Subagreement.
8. Parking
a) Non-compliant Features: The parking lot had an insufficient number of spaces that are accessible to persons with disabilities. None of the accessible parking spaces were van accessible. Standards § 4.1.2(5).
b) Modifications: The Owner added one van accessible parking space that is in compliance with all relevant provisions of the Standards, including, but not limited to, Standards §§ 4.1.2(5)(b) and 4.6.
9. Passenger Loading Zone
a) Non-Compliant Features: No sign is provided that displays the International Symbol of Accessibility. Standards §§ 4.1.2(7)(b) and 4.30.7.
b) Modifications: The Owner has installed a sign with the International Symbol of Accessibility that complies with all relevant provisions of the Standards, including, but not limited to, the provisions listed above.
10. Curb Ramps
a) Non-Compliant Features: The curb ramp directly in front of the main entrance has a cross slope that is too steep and has no side flares. The curb ramp also lacks a level landing at the top of the ramp. In addition the slope of the curb ramp at Entry B is too steep. Standards §§ 4.1.2(2), 4.1.3(8), 4.7.1, 4.7.2, 4.7.5, 4.8.1, 4.8.2, 4.8.6.
b) Modifications: The Owner has modified the curb ramps listed in paragraph 10(a) above in compliance with all relevant provisions of the Standards including, but not limited to, the provisions listed in paragraph 10(a) above.
11. Interior Accessible Route
a) Non-Compliant Features: The designated accessible drinking fountain near the public toilet rooms projects into the circulation path more than 4 inches, without a cane detectable barrier. The emergency lights, corridor lights, and wall mounted planters are protruding objects throughout the lobby. § 4.4.1.
b) Modifications: The Owner has removed the above protruding objects, in compliance with all relevant provisions of the Standards, including, but not limited to, § 4.4.1.
12. Ramps
a) The ramps from the Main Lobby to the Fountain Court and the Upper Terrace have handrails that are mounted too low and lack adequate extensions at the top and bottom landings. §§ 4.8.1 and 4.8.5.
b) The Owner shall modify the handrails to comply with all relevant provisions of the Standards including, but not limited to, the provisions listed in paragraph 12(a) above, within 6 months of the effective date of this Subagreement.
13. Guest Registration Desk
a) No portion of the registration desk is at an accessible height and the table that is used for registering persons with mobility impairments is not at a height accessible to persons with mobility impairments. § 7.2.
b) The Owner will make the registration area accessible to persons with mobility impairments within 6 months of the effective date of this Subagreement by making one of the following modifications. The Owner will provide a table which is in compliance with Standards § 4.32.4 and has signage that is compliant with all relevant provisions of the Standards including, but not limited to, § 4.30. The Owner may, instead, modify the registration desk or registration procedures in compliance with Standards § 7.2(2)(iii).
14. Doors
a) Non-compliant Features: The doors to all public toilet rooms, guest rooms, and guest bathrooms lack adequate maneuvering space, have thresholds that are too high, require too much force to open, and have door hardware that requires twisting to operate. §§ 4.1.3(7), 4.13.1, 4.13.6, 4.13.8, and 4.13.9 & Figure 25.
b) Modifications: The Owner will, within 1 year of the effective date of this Subagreement, modify the doors to the guest rooms and bathrooms designated as accessible to persons with mobility impairments to be compliant with all relevant provisions of the Standards including, but not limited to, those listed in paragraph 14(a) above.
15. Elevators
a) Non-compliant Features: The elevators contain the following inaccessible features: no audible signals are provided to indicate which car is answering a call; no audible signals or verbal annunciators are provided to indicate "up" and "down"; visible signals are too small; doors require contact to re-open; no audible signals are provided as the car passes or stops at a floor; emergency communication system signage lack raised lettering and symbol, as well as lettering finish that contrast with the background; and, the emergency communication system is not usable without voice communication. §§ 4.1.3(5), 4.10.4, 4.10.6, 4.10.13, 4.10.14, 4.30.4, and 4.30.5.
b) Modifications: The Owner will modify all features of the elevators listed in paragraph 15(a) above in compliance with all relevant provisions of the Standards, including but not limited to, the provisions listed in paragraph 15(a) above, within 1 year of the effective date of this Subagreement.
16. Public Toilet Rooms in the Main Lobby
a) Non-Compliant Features: The public toilet rooms at the main lobby fail to comply with the Standards in the following ways: toilet stalls do not meet the size and configurations illustrated in Figure 30; urinal rims and flush controls are mounted too high; lavatories are mounted too high, and do not have sufficient knee and toe space; lavatory pipes are not insulated or otherwise configured to protect against contact; paper towel dispensers are mounted too high (men's room only); and, signage lacks proper character proportion, finish, and raised letters, and is mounted in the wrong location. §§ 4.1.2(7)(d), 4.1.3(11), 4.17.3, 4.18.1, 4.18.2, 4.18.4, 4.19.1, 4.19.2, 4.19.4, 4.22.1, 4.22.4, 4.22.5, 4.22.6, 4.22.7, 4.27, and 4.30.
b) Modifications: The Owner will modify all features of the public toilet rooms listed in paragraph 16(a) above in compliance with all relevant provisions of the Standards, including but not limited to, the provisions listed in paragraph 16(a) above, within 1 year of the effective date of this Subagreement.
17. Public Toilet Rooms in the Bar/Lounge
a) Non-Compliant Features: The public toilet rooms in the bar/lounge fail to comply with the Standards in the following ways: toilet stalls do not meet the size and configurations illustrated in Figure 30; urinals and flush controls are mounted too high (men's room only); lavatories are mounted too high, and do not have sufficient knee and toe space; and, lavatory pipes are not insulated or otherwise configured to protect against contact. §§ 4.1.2(11), 4.17.3, 4.18.1, 4.18.2, 4.18.4, 4.19.1, 4.19.2, 4.19.4, 4.22.1, 4.22.4, 4.22.5, and 4.22.6.
b) Modifications: The Owner will modify all features of the public toilet rooms listed in paragraph 17(a) above in compliance with all relevant provisions of the Standards, including but not limited to, the provisions listed in paragraph 17(a) above, within 1 year of the effective date of this Subagreement.
18. Signage
a) Non-complaint Features: The guest room signage lacks proper character proportion, finish, raised letters, and is mounted in the wrong location. §§4.1.3(16), 4.30.1, 4.30.4, 4.30.5, and 4.30.6.
b) Modifications: The Owner will modify signage in compliance with Standards 4.30.6 and ensure that current signage is compliant with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 18(a) above, within 6 months of the effective date of this Subagreement.
19. The parties agree to comply with relevant provisions of the Primary Agreement between the United States and Bass Hotels & Resorts with regard to alternative dispute resolution.
20. In the event any party fails to comply with any requirement
of this Subagreement without obtaining sufficient advance written agreement with the United States as to a temporary modification of the relevant terms of the Subagreement, all then applicable terms of this Subagreement shall become immediately enforceable in a United States District Court. Such failures to comply will be considered subsequent violations, within the meaning of Title III of the ADA.
21. This Subagreement is limited to the facts set forth in it. This Subagreement does not address or remedy any other ADA claims or other claims under Federal law at the Hotel, or by the signors to the Subagreement.
22. The effective date of this Subagreement is the date of the last signature below.
23. This Subagreement shall be binding on the parties and their successors in interest, and each party has a duty to so notify all such successors in interest.
24. Signors of this Subagreement on behalf of the parties represent that they are authorized to bind those parties to this Subagreement.
For The Sunway Hotel Group:
______________________________
John Q. Hammons (date)
Chairman of the Board
John Q. Hammons Two, L.P.
300 John Q. Hammons Parkway
Suite 900
Springfield, Missouri 65806
(417) 864-4300
For the United States:
______________________________
John L. Wodatch (date)
Renee Wohlenhaus
Bebe Novich
Attorneys
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
(202)616-2313
Received:
______________________________
Vice President, Worldwide (date)
Reservations and Guest Relations
Bass Hotels & Resorts
Three Ravinia Drive, Suite 2000
Atlanta, GA 30346
(770) 604-2916
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March 5, 1999